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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Gavva AR Real LLP – Appellant
Versus
State of Telangana – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Mr. S. Ravi, learned Senior Counsel representing M/s. R.S. Associates, learned counsel for the petitioners, learned Government Pleader for Mines and Geology appearing on behalf of respondent Nos.1 to 3 and Mr. V. Narasimha Goud, learned Standing Counsel for HMDA appearing on behalf of respondent No.4.
2. CASE OF THE PETITIONERS
i) Petitioner No.2 is the absolute owner and possessor of the land admeasuring Acs.4.07 guntas in Survey No.88/AA of Kokapet Village, Gandipet Mandal, Rangareddy District, which is hereinafter referred to as ‘subject property’.
ii) He has entered into a registered Development Agreement- cum-General Power of Attorney (for short ‘DAGPA’) bearing document No.2659 of 2018, dated 21.03.2018 with petitioner No.1 for development of Commercial Building over the subject property. The construction was going on.
iii) Respondent No.3 has issued a show-cause notice dated 12.03.2024 in the name of M/s. GAR Corporation Private Limited stating that the said Company excavated and transported 1,41,120 Metric Tons (MT) of Gravel and 60,480 MT of Rough Stone unauthorizedly. Fifteen (15) days time was granted to submit explanation as to why seigniorage fe
The issuance of a demand notice for seigniorage fee without proper consideration of the petitioners' explanations constitutes a violation of natural justice, necessitating remand for further evaluati....
Demand notices must adhere to principles of natural justice and proper procedural requirements; violations necessitate annulment and remand for reconsideration.
The issuance of a demand notice without providing an opportunity for a hearing violates the principles of natural justice, necessitating its annulment and remand for proper inquiry.
Supreme Court had enunciated in clear and unambiguous terms that excavation of ordinary earth for construction of building purposes / development would not attract levy of royalty and penalty under p....
Excavation of ordinary earth for construction purposes does not attract levy of royalty and penalty under Section 48(7) of the M.L.R. Code, 1966, especially when the excavated earth is used for level....
The purpose of excavation determines liability for royalty and penalty under Section 48(7) of the MLR Code, 1966, and excavation of ordinary earth for construction purposes does not attract royalty a....
Excavation of ordinary earth for construction purposes did not attract levy of royalty and penalty under the provisions of Section 48(7) of the M.L.R. Code, 1966, especially when the excavated earth ....
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